DEVELOPMENT SERVICES COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Catherine M. Conrad, Town Solicitor
	PREPARED BY:	Ophir Bar-Moshe, Assistant Town Solicitor
	DATE OF MEETING:	June 1, 2004
	SUBJECT:	Michael and Rose Visconti 14 Victoria Street - Septic System Lots 18 and 19, Plan 184, Markham Building Code Act Requirements Legal File No. 04 0425 PS 0107

RECOMMENDATION:

That Council enact a bylaw to designate Lots 18 and 19, Plan 184, Town of Markham, which shall be deemed not to be a registered plan of subdivision and that staff take appropriate action as required under Section 50 of the Planning Act.

PURPOSE:

The purpose of this report is to enact a bylaw under the Planning Act which would allow the owner of Lots 18 and 19, Plan 184, to obtain a permit for a private sewage system in accordance with the Building Code Act.

EXECUTIVE SUMMARY:

The Owner of Lots 18 and 19, Plan 184 obtained draft site plan approval in connection with a proposed two storey dwelling with a private septic system which would be located on both Lots. The Building Code Act requires a septic system to be located only on one lot. Staff have proposed a solution to the Owner whereby the Town would pass a bylaw under the Planning Act to deem Lots 18 and 19 not to be on a plan of subdivision. The effect is to merge Lot 18 and 19 into a single parcel. Any future division of Lot 18 or 19 from the merged parcel would require consent or part lot control exemption. This would allow the Owner to obtain a permit for the proposed septic. The Owner has agreed to this course of action.

BACKGROUND:

Michael and Rose Visconti, the owners of 14 Victoria Street, Markham, (“Owner”) have obtained a minor variance from the Committee of Adjustment in December 2003 in connection with a proposed site plan application to construct a 494.62mý two storey dwelling. The subject site comprises Lots 18 and 19, Plan 184. The minor variance was made conditional on the Owner installing a private septic system only on Lot 18, which is where the proposed dwelling is to be constructed. The Owner was also required to obtain approval of the Building Department for the private septic system. The Town has now approved the proposed site plan and the Owner has applied for a building permit.

The proposed private septic system cannot be contained only within Lot 18 and a large part of the system (mostly the tile bed) would have to be located on Lot 19. The Building Code Act requires that a sewage system be contained within a lot so that an owner cannot convey part of the system. The proposed system is therefore prohibited under the Building Code Act. In the absence of a septic permit the Owner will not be able to meet the conditions of minor variance and, therefore, obtain a building permit.

OPTIONS/DISCUSSION:

The Building Code Act requires that a sewage system be located wholly within the boundaries of the lot or parcel of land on which the dwelling which it serves is located. This requirement was put in place to ensure that a property owner cannot convey part of a sewage system to another person.

Lots 18 and 19 are separate lots on a plan of subdivision. As such, the Owner could convey either Lot without the need for severance. The proposed septic system is therefore prohibited under the Building Code Act.

To accommodate the Owner staff have proposed to “merge” the two Lots so that a permit can be issued for the proposed septic system. This can be accomplished by the Town enacting a bylaw pursuant to Subsection 50(4) of the Planning Act which would deem Lots 18 and 19 not to be on a registered plan of subdivision. The Planning Act requires the following steps to be taken after the bylaw is enacted:

• A copy of the bylaw to be lodged by the Clerk with the Minister of Municipal Affairs and Housing;
• Notice of the bylaw to be given to the Owner within thirty (30) days of the passing thereof. The Owner may then make representations respecting the bylaw to Council. In this case, the bylaw is being enacted to accommodate the Owner. Staff intend to obtain a letter from the Owner waiving his right to make representations to Council. This would allow the Town to register the bylaw at the earliest possible opportunity so that the Owner may be issued a building permit;
• Bylaw to be registered on title. The bylaw comes into effect upon registration on title

Once the bylaw is enacted and registered on title, the Owner would not be able to convey either Lot without first obtaining a severance. This solution would enable the Owner to obtain a permit for the septic under the Building Code Act.

Staff have discussed this matter with the Owner and he has agreed to the proposed course of action as outlined in this report.

BUSINESS UNITS CONSULTED AND AFFECTED:

The Building Department has been consulted in the preparation of this report.

Catherine M. Conrad, Town Solicitor

ATTACHMENT:

Site Plan Drawing